Pandangan Madzhab Syafi’i Tentang Uang Muka Pada Pembiayaan Murabahah

Abstract

Islam is a religion that upholds the value of justice both in the principle of transactions and in recognizing rights in the application and rules regarding down payments in buying and selling transactions, whether carried out in general or financing according to Islamic law. The purpose of this study is to analyze the views of the Shafi'I school of thought regarding down payments in murabaha financing. The research method used is a qualitative research method. The type of qualitative research method used is non-interactive qualitative, namely research on concepts through a document analysis. The results of the study show that in this sale and purchase the buyer has the right of khiyar (the right to cancel the transaction or continue it), consequently, if the sale and purchase is not continued, the money that has been partially paid will be forfeited. The view of fiqh experts from the Shafi'iyyah group is that this sale and purchase is not valid. The opinion explained in the book al-Majmu' written by Imam Nawawi, one of the followers of Imam As-Shafi'i explained that the scholars of the Imam As-Syafi'i sect regarding the sale and purchase of the down payment system, in fact we have mentioned that the cancellation of the sale and purchase system if it is stipulated in the transaction contract, and the conditions include fasid and gharar buying and selling, because it consumes property in a vanity way.